Scott Proper v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Scott Proper filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2016. He alleged that the influenza vaccine he received on October 14, 2015, caused him to develop a shoulder injury related to vaccine administration (SIRVA).

Mr. Proper further alleged that the vaccine was administered in the United States, that he experienced residual effects of his injury for more than six months, and that there had been no prior award or settlement of a civil action for damages as a result of his condition.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Proper's alleged SIRVA or any other injury or his current condition.

However, on September 5, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision.

Pursuant to the stipulation, Mr. Proper was awarded a lump sum of $84,612.30, payable to the petitioner, representing compensation for all items of damages available under the Vaccine Act.

The decision was issued on February 8, 2018, following the stipulation filed on September 5, 2017. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses involved in this case.